Vishnu Kumar vs State Of Rajasthan
2023 Latest Caselaw 4504 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 12034/2022

Vishnu Kumar S/o Surendra Kumar, Aged About 23 Years, R/o 48 L.n.p., Police Station Ghamurwali, District Sri Ganganagar. (At Present Lodged In Central Jail, Sri Ganganagar)

----Petitioner Versus State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s) : Mr. Ram Niwas For Respondent(s) : Mohd. Javed Gauri, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

Order

11/05/2023 Heard learned counsel for the parties and also perused the

material on record.

The petitioner has been arrested in FIR No.107/2020 of

Police Station Ghamurwali, District Sri Ganganagar for the

offences punishable under Sections 8/22 and 29 of the NDPS Act.

He has preferred this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that first

bail application was rejected on 03.02.2021 with liberty to file

fresh bail application after recording the statements of Seizure

Officer. It is further submitted that statement of Seizure Officer

have also been recorded. It is also submitted that as per the

prosecution story, the police have recovered the tablets containing

narcotic substance Tramadol from the petitioner and the weight of

the said contraband was 300 Grms.

(2 of 3) [CRLMB-12034/2022]

Learned counsel for the petitioner has submitted that the

petitioner was arrested on 26.02.2020, charges were framed

against him on 08.04.2021 and out of total 14 prosecution

witnesses, only 9 witnesses have been examined.

Learned counsel has placed reliance on the decision dated

28.03.2023 rendered by Hon'ble the Supreme Court in Mohd

Muslim @ Hussain Vs. State (NCT of Delhi) in Special Leave

Petition (Crl.) No(s).915 of 2023, wherein it is observed by the

Hon'ble Supreme Court that delay in trial can also be considered

for releasing accused person on bail despite the restrictions

imposed under Section 37 of the NDPS Act. Learned counsel for

the petitioner has submitted that in the light of the judgment

passed by the Hon'ble Supreme Court in Mohd Muslim @ Hussain's

case (supra), the petitioner is entitled to be enlarged on bail.

Learned Public Prosecutor has opposed the bail application.

Having heard the learned counsel for the parties and after

going through the material available on record and in view of the

judgment passed by Hon'ble Supreme Court in Mohd Muslim @

Hussain's case (supra), without expressing any opinion on the

merits of the case, I deem it just and proper to grant bail to the

accused petitioner under Section 439 Cr.P.C.

Accordingly, this bail application filed under Section 439

Cr.P.C. is allowed and it is directed that petitioner Vishnu Kumar

S/o Surendra Kumar shall be released on bail in connection with

FIR No.107/2020 of Police Station Ghamurwali, District Sri

Ganganagar provided he executes a personal bond in a sum of

Rs.50,000/- with two sound and solvent sureties of Rs.25,000/-

(3 of 3) [CRLMB-12034/2022]

each to the satisfaction of learned trial court for his appearance

before that court on each and every date of hearing and whenever

called upon to do so till the completion of the trial.

(VIJAY BISHNOI),J 9-Arun/-

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